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Legality of lost borrowed items

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lindseyandlou

Junior Member
What is the name of your state (only U.S. law)? Michigan

I am posting on behalf of my sister.

She recently borrowed two kayaks from a close friend of mine. When she came to pick them up from my house, the owner of the kayaks happened to be here. He strapped the kayaks to her car and everybody went on their way. About an hour later, I received a call saying that the kayaks flew off of the back of the car. Thankfully no one was hurt, but there was damage to another car. Once a police report was filed, the cop took them back on the expressway to retrieve the kayaks and they were nowhere to be found.

My sister knows she has some responsibility to repay him for the kayaks, but she also feels that since he did strap them down and give them the okay to go, that she isn't responsible in full. She also can't afford to pay over $1k out of pocket at once.

Anyway, he is threatening to call the cops now and she isn't sure what to do.

I'm not looking for the morally correct thing to do, but as far as the legal aspect of this goes, if he were to take her to small claims court, does anyone have any insight as to how this would end? Thanks so much!! :)
 
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quincy

Senior Member
What is the name of your state (only U.S. law)? Michigan

... Once a police report was filed, the cop took them back on the expressway to retrieve the kayaks and they were nowhere to be found. ...
I'm confused. Please explain.

Why did your sister leave the expressway after the accident instead of pulling her car off on the expressway's shoulder?

Why did the police officer have to "take them back" to the expressway?

What happened to her car and the other driver's car?

Did your sister just leave the kayaks where they landed?

Michigan has a "modified comparative" law when it comes to negligence, which means damages are awarded based on the percentage of fault.

Here is a link to the comparative fault law, MCL 600.2929: http://www.legislature.mi.gov/(S(ie1kco4jaytgihevu1cnplpl))/mileg.aspx?page=getobject&objectname=mcl-600-2959

Although the kayaks may not have been attached properly to her car, the kayaks were not merely damaged. Somehow your sister managed to lose the kayaks entirely.

If she hasn't already, she should contact her insurer and she should file a theft report with the police. The police officers who responded to the accident would have noticed the kayaks when they arrived on the scene of the accident and also noticed that they were later missing. Perhaps, with luck, the kayak-thieves will be caught.
 

adjusterjack

Senior Member
Anyway, he is threatening to call the cops now
Hot air. It's a civil matter. The cops won't get involved.

she isn't sure what to do.
She needs to come up with some cash and do some negotiating.

The owner was responsible for not tying them down properly.

She's responsible for losing them.

She may be able to reach a settlement agreement but she'll need cash and she'd better get it in writing.

By the way, he would only be entitled to the depreciated (used) value of the kayaks, not the cost to buy new ones. She should find out what comparable used ones cost (Craigslist is a good source) and start from there.

If he won't cooperate, let him sue and a judge will work it out so he gets a fraction of his $1000 demand.
 

lindseyandlou

Junior Member
I'm confused. Please explain.

Why did your sister leave the expressway after the accident instead of pulling her car off on the expressway's shoulder?

Why did the police officer have to "take them back" to the expressway?

What happened to her car and the other driver's car?

Did your sister just leave the kayaks where they landed?

Michigan has a "modified comparative" law when it comes to negligence, which means damages are awarded based on the percentage of fault.

Here is a link to the comparative fault law, MCL 600.2929: http://www.legislature.mi.gov/(S(ie1kco4jaytgihevu1cnplpl))/mileg.aspx?page=getobject&objectname=mcl-600-2959

Although the kayaks may not have been attached properly to her car, the kayaks were not merely damaged. Somehow your sister managed to lose the kayaks entirely.

If she hasn't already, she should contact her insurer and she should file a theft report with the police. The police officers who responded to the accident would have noticed the kayaks when they arrived on the scene of the accident and also noticed that they were later missing. Perhaps, with luck, the kayak-thieves will be caught.

According to her, they were driving down the expressway and they flew off. They didn't notice if they had hit anyone, so they got off at the next exit to go back an exit to try and retrieve the kayaks as opposed to walking down the expressway. When she got off the expressway, a car had followed them off and said they had hit his car with their kayaks and he needed to file a police report. The damage to his car was pretty minimal it sounds like, although she never did tell me the details of that.

Once that was complete, the officer had them get in their car and follow him back to the expressway. He drove slow with his lights on down the shoulder and was looking in ditches and on the shoulder. He said he had never seen that happen, but that sometimes people will pick them up and turn them into the police station. I'm guessing they were in fact stolen at this point.

I really appreciate your input. thank you!
 

adjusterjack

Senior Member
Once that was complete, the officer had them get in their car and follow him back to the expressway. He drove slow with his lights on down the shoulder and was looking in ditches and on the shoulder. He said he had never seen that happen, but that sometimes people will pick them up and turn them into the police station. I'm guessing they were in fact stolen at this point.
There's always a place to pull over on the side of an expressway. Whatever the reason, she is still responsible for them going missing.

If she doesn't want to handle this in the manner I suggested she is free to file the claim with her auto insurance company and see if it's covered. Her policy is already likely to be surcharged for an at-fault claim on the other car's damage so it isn't going to cost her more if her company pays for the kayaks.
 

xylene

Senior Member
She owes the owner the depreciated value of the kayaks at the time she borrowed them.

It was her car, it was her responsibility to ensure the load was secure.

As the driver, If someone else tied the kayaks down it was on and no one else her to check the job and be satisfied the rigging was safe and going to hold.

It was her fault for not stopping immediately after the kayaks broke free. She honestly thought is was "OK" to just leave them on the motorway?

Someone no doubt presumed they were abandoned, which in a sense they were, although the people who took the kayaks did not have claim to them. That doesn't reduce her liability in anyway... besides they could have been hopelessly damaged from the fall alone for all she really knows.
 

quincy

Senior Member
According to her, they were driving down the expressway and they flew off. They didn't notice if they had hit anyone, so they got off at the next exit to go back an exit to try and retrieve the kayaks as opposed to walking down the expressway. When she got off the expressway, a car had followed them off and said they had hit his car with their kayaks and he needed to file a police report. The damage to his car was pretty minimal it sounds like, although she never did tell me the details of that.

Once that was complete, the officer had them get in their car and follow him back to the expressway. He drove slow with his lights on down the shoulder and was looking in ditches and on the shoulder. He said he had never seen that happen, but that sometimes people will pick them up and turn them into the police station. I'm guessing they were in fact stolen at this point.

I really appreciate your input. thank you!
I find what your sister has told you suspect.

It would be the natural reaction for most drivers to pull off to the side of the road when something flew off their car (especially something like kayaks) whether they suspected they hit another car or not. The shoulders on Michigan highways tend to be generously sized.

In addition, for someone to STEAL two kayaks from the middle of an expressway lane (which is where they would most likely have landed) or the side of the road (which more than likely would have required moving them off the expressway) would have not only taken a good amount of time, it would have taken someone with the proper vehicle for transporting the kayaks. Certainly someone would have spotted either the accident or the kayak-thiefs and reported it.

Although fault is apportioned in Michigan, I cannot see how your sister can expect to pay anything less to your friend than the fair market value of the kayaks. I do not think your sister would fare well in court (especially with the story she told you) so she would probably be smart to settle instead of waiting to be sued.
 

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